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Original post by LawyerShop

The Child Online Protection Act suffers from a slew of fatal flaws that render the law unconstitutional under the First Amendment, the 3rd Circuit ruled on Tuesday. The court found that numerous terms in COPA were not “narrowly tailored” and that the law therefore failed a strict scrutiny test. The decision comes after nearly a decade of litigation — including two trips to the U.S. Supreme Court — and marks the sixth time that a court has blocked the law from going into effect.

Original post by LawyerShop

In a major win for the business community, a California appeal court ruled Tuesday that employers are only required to provide meal and rest breaks for their workers, not ensure they’re taken. The ruling also said employers can’t be held liable for working employees off the clock unless they knew they were doing so. And the court ruled that none of the above issues can be certified as class actions because they involve individual claims that must be handled separately in possibly thousands of “mini-trials.”

Original post by LawyerShop

Original post by LawyerShop

As more units go into foreclosure, condominium communities — especially newly built or converted projects — are struggling with rising nonpayment of association fees. Beleaguered board members are ratcheting up legal pressure on lenders who’ve launched foreclosure action against units but are slow to take title to the properties — a move that helps lenders delay taking on responsibility for condo fees.

Original post by LawyerShop

A Florida appellate judge should be publicly reprimanded for criticizing a colleague in a written opinion, the state Judicial Qualifications Commission has recommended to the Florida Supreme Court. The commission concluded that 1st District Court of Appeal Judge Michael Allen violated judicial ethics by writing a concurring opinion that suggested that fellow District Judge Charles Kahn cast a corrupt vote in a bribery case to help pay back a former law partner.

Original post by LawyerShop